The State Of Rajasthan vs Tulcha Ram Son Of Late Shree Heera ...
2021 Latest Caselaw 7538 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          D.B. Civil Special Appeal (Writ) No. 1431/2017
                                         In
                  S.B. Civil Writ Petition No.4862/1998

 1.     State of Rajasthan through the Principal Secretary
        Home, Government of Rajasthan, Jaipur.

 2.     Dy. Inspector General of Police, R.A.C., Range-1, PHQ,
        Jaipur.
 3.     Commandant, IVth Bn, R.A.C., Jaipur.
                                                                    ----Appellants
                                      Versus


 1.     Tulcha Ram S/o Late Shree Heera Ram, Age 45 Years,
        Ex. Const. No.844 R.A.C. IVth Bn. Jaipur, R/o Village
        Kuchera Distt. Nagaur (Rajasthan), (since deceased)
        through legal representatives.

1/1.    Nar Singh Son Of Tulcha Ram, Aged About 46 Years,
        Resident Of A-59, Janta Colony, Merta Nagaur, Merta,
        Rajasthan, 341510.
1/2.    Pinki Wife Of Pukh Raj, Aged About 43 Years, Kumaharo
        Ka Bass, Bhakrod, Bhakrod, Nagaur, Rajasthan, 341001.
1/3.    Kailash Son Of Late Shri Tulcha Ram, Aged About 38
        Years,     Resident      Of     Choukhan,          Chaukhan,     Jodhpur,
        Chokhan, Rajasthan - 342001
1/4.    Jasoda, Wife of Natha Ram, aged 31 years, R/o 318
        Guvadi, Bhakrod, Nagar, Rajasthan, 341001.
                                                                  ----Respondents

For Appellant(s) : Mr. Rajesh Maharishi, Additional Advocate General with Mr. Udit Sharma Advocate.

For Respondent(s) : Mr. Madan Mohan Mehrishi Advocate.

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Judgment / Order

13/12/2021

(2 of 2) [SAW-1431/2017]

This appeal, filed with a delay of 113 days, is directed

against the order dated 25.03.2017 by which the order of

dismissal dated 06.05.1997 passed in the departmental enquiry,

has been set aside by the learned Single Judge.

Though, the learned Single Judge has set aside the order

dated 06.05.1997, the relief which has been granted is only to the

following effect:

"Consequently, the writ petition stands partly allowed. The order of dismissal impugned herein dt. 06.05.1997 is quashed & set aside and the respondents are directed to treat the petitioner as having retired from service with proportionate pension from the date of passing of this order. The arrears due to the petitioner including pension and retiral benefits be calculated/computed accordingly and released to him within a period of three months from the date certified copy of this order is submitted in the office of the respondents. No order as to costs."

Considering that the respondent-employee died on

26.02.2012, on the date of passing of the order by the learned

Single Judge, he was not even alive and no financial benefit would

accrue to the legal representatives of the deceased in terms of the

order which has been passed by the learned Single Judge, we are

not inclined to entertain the appeal particularly when the legal

representatives of the deceased have not preferred any appeal

against the limited benefit which has been granted by the learned

Single Judge.

Appeal is accordingly disposed off.

(VINOD KUMAR BHARWANI),J (MANINDRA MOHAN SHRIVASTAVA),J

Sanjay Kumawat-25

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